STATE EX REL. CARPER v. W. VA. PAROLE BD.

No. 25184.

509 S.E.2d 864 (1998)

203 W.Va. 583

STATE of West Virginia ex rel. George CARPER, Petitioner, v. WEST VIRGINIA PAROLE BOARD, Respondent.

Supreme Court of Appeals of West Virginia.

Decided November 20, 1998.

Dissenting Opinion of Chief Justice Davis December 14, 1998.


Attorney(s) appearing for the Case

George Carper, Pro se.

Darrell V. McGraw, Jr., Esq., Attorney General, Chad M. Cardinal, Esq., Assistant Attorney General, Charleston, for Respondent.


STARCHER, Justice:

In the instant case, we review the retroactive application of a 1997 statutory amendment authorizing increased periods of time between parole hearings for prisoners serving "life" terms of imprisonment with the possibility of parole. We conclude that this retroactive application does not facially violate the constitutional prohibition against ex post facto laws, if the amendment is narrowly applied on a case-by-case basis, with appropriate...

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